Florida State University College of Law SYLLABUS & CLASS INFORMATION FOR SPRING SEMESTER 2013

Transcription

1 Florida State University College of Law SYLLABUS & CLASS INFORMATION FOR SPRING SEMESTER 2013 Course: Workers Compensation Law Ref #: Course #: LAW6705 [1] Credit: 2 hours Adjunct Professor: John J. Lazzara 1 john_lazzara@doah.state.fl.us Classes: M & W, 5:15 p.m. 6:15 p.m. Room: L315 Required Text: Little, Eaton & Smith, Workers Compensation: Cases and Materials (West 6 th ed. 2010). Course Description/Objectives: This course will provide the law student with a broad understanding of the workers compensation system in use today established to compensate and treat injured workers involved in work accidents. The course will deal with the tenets and theory of workers compensation laws; the employers liability for on-the-job accidents and resulting employees injuries in exchange for tort immunity; the employer/employee relationship; risks and benefits provided by workers compensation; the concepts of disability and impairment; and the administration of workers compensation laws. The objective of the course is to impart to the law student the basis knowledge required for the development of the necessary analytical skills to recognize workers compensation issues and defenses; apply the applicable compensation law; undertake legal research; and procedurally navigate the litigation claims process and adjudicatory system. In meeting its objective and in addition to the text, the course will focus primarily on the Florida Workers Compensation Law, Ch. 440, the procedural rules contained in Fla. Admin. Code 60Q-6; and Florida Reported Cases. Class Attendance and Participation: Class attendance is required be on time. An attendance sheet will be circulated during each class. Failure to sign the attendance sheet before leaving class will be considered an absence. Signing in for another student is an FSU Honor Code violation. Students may not miss/skip more than 3 classes without an excused absence approved by the adjunct professor. In accordance with the law school s accreditation requirements, missing 20% (6) or 1 The opinions and views expressed during this course are those of John J. Lazzara, Judge of Compensation Claims, and do not represent the views or opinions of Florida State University, College of Law, or the Florida Office of Judges of Compensation Claims, Division of Administrative Hearings. 1

2 more scheduled class meetings, regardless whether excused or unexcused, will lead to a failing grade and you will not receive credit for the course. During class all cell phones are to be in silent or off mode and texting is prohibited. Laptop computers are permitted, but only for class-related purposes. Refrain from Internet access during class. Taping or recording class sessions is prohibited as it inhibits candid discussions. Class participation and discussion is encouraged and will be a factor in grading. I intend to randomly call on students to discuss assigned materials. Your level and frequency of participation and response will be noted and may impact your final grade. Course Assignments and Recommended Reading: Assignments for each class are listed below regarding the topics and order of discussion for the course. The list is an approximation and subject to change after prior announcement in class or on Blackboard. Prior to each week s classes, students are expected to read and be prepared to discuss, if called upon, those portions of the required text. In addition to the required text, recommended or additional reading will provided be for those interested in better understanding the subject. Finally, there will be field trips to observe Oral Arguments before the 1 st District Court of Appeal and attendance at a workers compensation final hearing or mediation. Visiting lecturers will also be invited to some classes. Participation and attendance in these additional projects may result in a bump up in the student s overall grade. Examination and Grading: The final exam will account for 85% of the student s overall grade; and class participation, preparation for each class, and attendance will account for 10% of the grade. Participation in field trips and recommended reading will account for 5% of the grade. I reserve the right to modify the form and contents of the final exam after providing the class prior notice. The final exam will most likely consist of one or two essay questions involving extended hypothetical fact patterns reflecting a typical workplace injury, followed by questions concerning the rights and liabilities of both employer and employer under general principles of workers; compensation law. In addition, there may be a combination of multiple choices, true/false and short answer questions. The final exam will be a closed book exam. Review Session: There will be a review session on the last class day (April 15 th ), time permitting, or at some other date and time to be announced. FSU Honor Code: The College of Law has an academic honor code, known as the Student Conduct Code, available at: Students are bound by the College of Law s Code in all of their academic work. The Code outlines the College of Law s expectations for the integrity of students academic work, the procedures for resolving alleged violations of those expectations, and the rights and responsibilities of students and faculty members throughout the process. 2

3 Appointments and General Administration: Conference appointments may be scheduled before or immediately after class to discuss course matters. My office is located at: 1180 Apalachee Parkway, Suite A, Tallahassee, Florida Office hours are Monday-Friday, 8:00 a.m. to 6:00 p.m. My office telephone number is and my address is If I am not available when you call, please ask for my Executive Secretary, Priscilla Walker, or the Deputy District Clerk, Jean Blanche, and leave a message. Students with Disabilities (ADA): Any student with a disability requiring reasonable accommodation should take the following steps within the first week of class: (a) Register with, and provide documentation to, the Student Disability Resource Center (phone number is ); and (b) bring a letter to Nancy Benavides, Associate Dean for Student Affairs at the College of Law, indicating the need for accommodation and the type of accommodation needed. Please contact Dean Benavides should you need a copy of this syllabus in an alternative format. Class Assignments: WEEK ONE (Jan. 7-9) 1. Introductory Comments by Adjunct Professor. 2. Identifying American Workers Compensation Laws. A. Florida Workers Compensation Law. (Student should review and familiarize themselves in a general way with Ch. 440, Florida Statues) 2 B. Federal Employees Compensation Act (FECA) (5 U.S.C. 751 et seq.). C. Longshore & Harbor Workers Compensation Act (LHWCA) (33 U.S.C. 901 et seq.) (Read p of text). D. The Defense Base Act (42 U.S.C. 1651) (Requiring that employees of U.S. contractors, regardless of citizenship, have workers compensation coverage at U.S. military bases). E. Federal Employers Liability Act (FELA) (Railroad workers in interstate commerce) (45 U.S.C. 51 et seq.) (Read p. 22 [omit Armstrong Case] and p of text). F. Merchant Marine Act of 1920 ( Jones Act ) (46 U.S.C. 688) (Read p of text ). 2 The statute is available on-line, at the Florida Office of Judges of Compensation Claims website at: 3

4 G. Federal Coal Mine Health & Safety Act of 1969 (Black Lung Act) (30 U.S.C. 901) 4. Nature of Workers Compensation Laws and Their Essential Tenets. 5. The Role of Insurance; Different Insurance Arrangements Among Jurisdictions WEEK TWO (Jan ) Chapter 1. Employees Remedies Prior to and Apart From Workers Compensation (Need for a W/C System Common Law as Applied to Work Injuries Legislative Reforms Apart from Workers Compensation Preventing Work Injuries -OSHA) Not required: Armstrong case, p. 23; Dept. of Public Health case, p. 33 Breen case, p. 37 WEEK THREE (Jan. 23) 3 Chapter 2. The Compensation Principle (History Theory Workers Compensation as Social Insurance The Acceptance of W/C Theory, Policy and Politics) WEEK FOUR (Jan ) Chapter 3. The Employer-Employee Relationship. (Read entire chapter, except for the case law which is not required) Not required: Cases and Notes in Ch. 3. To be supplemented WEEK FIVE (Feb. 4-6) Chapter 4. Injuries Occurring Within the Course of Employment. (Read entire chapter, except for the case law which is not required) Not required: Cases and Notes in Ch. 4. To be supplemented WEEK SIX (Feb ) 3 No class on January 21, Martin Luther King, Jr. Day (Holiday). 4

5 Chapter 5. Injuries Arising Out of the Employment. (Read entire chapter, except for the case law which is not required) Not required: Cases and Notes in Ch. 5. To be supplemented WEEK SEVEN (Feb ) Chapter 6. Accident and Occupational Disease (The Concept of Accident Infectious Disease Occupational Diseases Cardiac and Mental Conditions and Cases Evidentiary Issues) Not required: All Cases and Notes in Ch. 6. To be supplemented WEEK EIGHT (Feb ) Chapter 7. Effects of Causes and Conditions Independent of the Work Relation (Introduction - Preexisting Weakness or Disease Falls and Similar Mishaps Complications and Accidents During Medical Treatment New Injury v. Old Injury Refusal to Accept Medical Treatment Suicide) WEEK NINE (Mar. 4-6) Not required: All Cases and Notes in Ch. 7. To be supplemented Chapter 8. Compensation for Non-Fatal Injury (Introduction - Medical and Rehabilitation Benefits Disability Benefits Second Injury Funds Coordination of Benefits) Not required: All Cases and Notes in Ch. 8. To be supplemented -and - Chapter 9. Death Benefits (Introduction - Dependency Widow, etc Claims of Survivors) Not required: Cases and Notes in Ch. 9. WEEK TEN (Mar ) 4 4 Spring Break. No classes March 11-15,

6 Chapter 10. Administration of Workers Compensation Laws (Administration by Agency v. Court Waiting Periods Uncontested Cases Contested Cases Settlements - Appellate Review Medical Evidence Reform Settlement ( C&R )) WEEK ELEVEN (Mar ) Chapter 11. The Exclusive Remedy Doctrine and the Third Party Suit (Exclusive Nature of Workers Compensation Limitations on the Doctrine Third-Party Actions Rights of Employer and Employee in Third Party Actions Adjustment of Rights) Not Required: Cases and Notes in Ch. 11. To be supplemented with Florida case law. WEEK TWELVE (Apr. 1-3) 1. Overview of Florida Workers Compensation Claims Procedure and Appellate Review. 2. Guest Lecturers or Field Trip. WEEK THIRTEEN (Apr. 8-10) 1. Guest Lecturer or Field Trip. WEEK FOURTEEN (Apr. 15) 1. Review Session & Exam Preparation Discussion 6